LAWS(RAJ)-2011-9-169

KUNTA DEVI Vs. BOARD OF REVENUE & ORS.

Decided On September 05, 2011
KUNTA DEVI Appellant
V/S
Board of Revenue And Ors. Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks to question the orders dated 28.04.2010 and 01.06.2010 whereby the Board of Revenue for Rajasthan, Ajmer ('the Board') has dismissed respectively the Revision Petition (No.6274/2007/LR/ Sriganganagar) and the Review Petition (No.2257/2010/LR/Sriganganagar) as filed by the petitioner; and has maintained the order dated 22.05.2007 as passed by the Divisional Commissioner, Bikaner, who had set aside the order dated 04.06.2002 as passed by the Additional Collector (Admn.), Sriganganagar.

(2.) The petitioner had questioned the disputed mutation entries dated 26.03.1999 regarding the land in question, as made by the Tehsildar, Raisinghnagar in favour of respondents Nos.4 to 6 as the heirs of original khatedar Shri Ram. The petitioner claimed that the mutation had been effected on the basis of an incorrect and false certificate issued by the Sarpanch of the concerned Panchayat and she was not given an opportunity of hearing.

(3.) In the order dated 04.06.2002, the learned Additional Collector was of opinion that the Tehsildar ought to have taken a decision after proper enquiry and after extending an opportunity of hearing to the concerned parties and thus, while setting aside the disputed mutation, remanded the matter to the Tehsildar concerned with the following, amongst other, observations:-